OSA/70/2024 of M.DINESH Vs Administrator General and Official trustee of Tami on 27 October 2026

JUDGMENT

(Judgment of the Court was delivered by N.Sathish Kumar J.) Challenging the order of the learned Single Judge made in Appl.No.2891 of 2020, dated 25.08.2023, directing the respondent to refund 50% of the

OSA No. 70 of 2024

amount to the appellant, the present Original Side Appeal has been filed.

2. Brief facts of the case are as follows :

2.1. The appellant is the successful bidder for the building under the control of the respondent and the building was handed over to the appellant on 19.03.2020. Thereafter, immediately, lockdown was announced from the very next day, i.e., on 20.03.2020 on account of Covid-19 Pandemic. As the building was in a dilapidated condition, the appellant could not occupy the building. He had also sent a communication, dated 30.09.2020, stating that he surrendered the possession of the building. Thereafter, the appellant has filed the present application in A.No.2891 of 2020 seeking refund of the rental arrears of Rs.2,44,678/- unilaterally deducted by the respondent from the advance amount of Rs.3,10,000/- paid by him.

2.2. However, the respondent contended that, since they have terminated the tenancy and taken back the possession only with effect from 06.10.2020, the appellant is liable to pay the agreed rent at the rate of Rs.37,000/- per month for the period from 18.03.2020 to 05.10.2020 amounting to Rs.2,44,678/- and accordingly, after deducting the said amount, the respondent has refunded the balance sum of Rs.1,25,322/- to the appellant.

OSA No. 70 of 2024

2.3. Learned Single Judge of this Court, by order dated 25.08.2023, in order to give a quietus to the matter, directed the respondent to refund 50% of the amount sought to be refunded to the appellant.

3. Challenging the order of the learned Single Judge of this Court, the present Appeal has been filed.

4. Heard the learned counsel on either side and perused the entire materials available on record.

5. The only point that arises for consideration in this Appeal is whether the appellant is entitled to complete waiver of rent in view of the lockdown declared on account of Covid-19 Pandemic and possession not being taken by the appellant.

6. The appellant became the successful bidder for the building measuring an extent of 2,044 sq.ft. in a dilapidated condition. The rent was fixed at Rs.37,000/- per month. Though the appellant was the successful bidder and he was immediately handed over possession on 19.03.2020, it is the admitted case that, nationwide lockdown was declared on account of Covid-19 Pandemic on 20.03.2020. As the building was in dilapidated condition, it was not fit for

OSA No. 70 of 2024

occupation. It is the case of the appellant that he had sent several communications to the respondent and further, since the High Court campus was locked, he could not enter the High Court campus and make effective representation. Since building permission was also not granted for reconstruction of the building, he surrendered the possession to the respondent and the same has been intimated by the appellant by communication dated 30.09.2020. However, after deducting the rental arrears for the period from 18.03.2020 to 05.10.2020, the respondent has refunded only a sum of Rs.1,25,322/- to the appellant. Therefore, the appellant sought for refund of the entire amount. However, the learned Single Judge has allowed 50% of the amount to be refunded to the appellant.

7. No doubt, the appellant took the building in “as is where is” condition. Unfortunately, he could not occupy the building not only because it was in a dilapidated condition, but also due to the nationwide lockdown announced on account of Covid-19 Pandemic. This fact is not in dispute. Later, by a communication dated 30.09.2020, the appellant has also intimated the same to the respondent that he is not in a position to occupy the building and therefore, he is surrendering the possession. These facts clearly show that the appellant was not in a position to occupy the building and he never used the building. Therefore, we are of the view that a sympathetic view can be taken in this case.

OSA No. 70 of 2024

8. Since the appellant was not in a position to occupy the building due to Covid-19 Pandemic and it was in a dilapidated condition, we are of the view that the appellant is entitled to complete waiver of rent and shall be entitled for full refund of the advance amount paid by him. Now, it is stated that, only a sum of Rs.1,22,339/- alone is yet to be refunded to the appellant. Therefore, we direct the respondent to refund the said amount of Rs.1,22,339/- to the appellant without any interest, within a period of one month from the date of receipt of a copy of this order.

9. With the above direction, this Original Side Appeal is disposed of. No costs. (N.S.K.,J.) (G.K.M.,J.) 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MKN To The Administrator General and Official Trustee of Tamil Nadu Madras High Court Campus, Chennai 600 104.

OSA No. 70 of 2024

N.SATHISH KUMAR J. AND GK.MUTHUKUMAAR J. MKN OSA No. 70 of 2024 27-10-2026